not giving up at this hour. crews, they are still searching for two missing fishermen thrown into the ocean when their boat flipped. mystery still surrounds a freeway shooting that had traffic on the peninsula backed up for miles. what witnesses said happened just before the car crashed. new rules for shoppers couldgo into effect tomorrow. if you are stuck holding a bag that is not reusable. i'm ann notarangelo. crews are searching for two fishermen whose boat was capsized. how two other fishermen on board the boat were able to make it to shore. >> reporter: a boat sits on rocks just a few miles north of pigeon point after drifting to shore. debris is true and about. it's the aftermath of the

boat's encounter with a huge wave that flipped the boat and dumped their occupants into sea around 10:00 this morning. two were wearing life jackets. they survived. two others without jackets are missing. the san mateo county sheriffs spoke with cbs5. >> once they were in the water, they started getting pounded by additional waves. and two actually made it to shore and two are still outstanding. the problem was a delay in the search. it happened at 10:00, but one of the suspects were self- rescued. able to crawl to make their way up to the farmhouse where we are at right now and call 911. so there is about an hour delay. >> reporter: the boat left the candle stick marina about 5:30 this morning. taken out to the golden gate and about two miles north. it was there that the boat was struck by the wave. and the sergeant gonzalez says that it was about an hour later that a call came into the sheriff's office. the coast guard sent aircrafts and two boats, an 87 boater and a smaller boat. they joined in on the

operations, including the state parks, san mateo county fire and the california office of the emergency services. at sunset, the search continued with boats, helicopters, and a c130 aircraft, topping flares into the -- dropping flares into the ocean to see which way the currents would carry them. on the coast, don knapp, cbs5. a drive-by shooting investigation tied up traffic on the peninsula for hours this afternoon. it happened around 3:30 on southbound highway 101 at the holly street exit in san carlos. the highway was not fully reopened until four hours later. witnesses reported seeing a car swerving before veering off the highway. it turns out that a gunman in the car shop multiple times at the time of the crash. two men and a woman were injured and taken to the hospital, but it is not clear if they were hit by gunfire or hurt in the crash. we're asking for the public's help for anyone that saw the altercation, saw the shootings, saw any piece of this to call the belmont police department. >> reporter: the holly street

off ramp will remain closed indefinitely as they need to stay on the scene. san jose is reporting their first homicide since august. an overnight brawl involving up to 30 people near the highway left one man dead. he had been stabbed. police said that the incident is not appearing to be gang related and they are looking into the events that lead up to the brawl. this is the first murder since eight people were killed over an 11-day stretch that ended six weeks ago. the trial of the woman accused of killing a san mateo nursing school student begins tomorrow. she is accused of killing the 26-year-old michelle le over a boyfriend. she was killed last may. her body was found in a remote area between pleasanton four months later. a bad accident sent two women to the hospital. the car they were riding it in collided with a second at battery and green streets about 9:00 this morning.

their car flipped over and rescue crews had to cut them out of the wreckage. police are investigating whether or not one of the cars were driving the wrong way on a one-way street. a new poll shows californians are reluctant to abolish the death penalty. proposition 34 on the november ballot would replace the capital punishment with life in prison without parole. the ufc los angeles times poll shows that 38% of the voters favored getting rid of the death penalty while 51% want to keep it. however that gap narrows when the voters find out that prop 34 also requires the convicted killers to work in prison and give their earnings to their victim's family. cbs5 talked to the supporters and the opponents of the measures. right now, they are sitting in the cells, watching tv, talking to their lawyers. prop 34 will put an end to that and puts them to work. and it is no longer the death row inmates. sentencing them to life in prison without the possibility

of parole. it also requires every person convicted of murder to work in prisons and pay restitutions to the victim's families. the representatives from both sides, they spoke on cbs5 eyewitness news this morning. >> i think when i read the cases of the people that will be on death row that it will be stunning in the evil that we're looking at. >> reporter: he is the district attorney for san mateo county, pro death penalty antiprop 31. >> there needs to be in our society some distinction between people that commit more evil murders than others. >> reporter: but statistics show the punishment that is meant for the worse of the worst isn't being carried out. while california has more than 700 inmates on death row, only 13 have been put to death since capital punishment was written into the state constitution in 1972. >> that means california's death penalty is a false promise for victims. 99% of the time we have lied to victims when they said they would carry it out and all they have done is drag them through

decades of appeals. >> reporter: very costly appeals. some estimates show that they could save as much as $130 million each year with prop 34. but they said that the factors are gumming up the system, which have put a stop to all executions since 2006. and it could be overcome. >> i do believe that if there is a political will, if our heeders will step up and do the right thing and work with everybody on all sides and say here is what could be done to make it better. then we could have a viable death penalty. >> our mission is to get to those 13% of the undecided voters to explain to them the facts. life without parole is a better choice for everyone. >> and the proposition, it is a statistical dead heat with the campaign showing a slight lead. in the newsroom, cbs5. governor brown has signed a bill giving convicted felons a second chance. the bill offered by the san francisco lawmaker could lead to the release of the criminal

sentence in life in prison when they were just juveniles. the inmates will be asked to reconsider their sentences after having served 15 years. and the judge could then reduce that sentence to 25 years to life if the inmate shows remorse and it is taking steps towards rehabilitation. attention san francisco shoppers. bring your own bag or it will cost you. starting tomorrow, a city-wide ordinance that is banning the use of plastic bags will go into effect on all super markets. if you don't have a bag, they will be charged $0.10 for every paper bag you need. >> i think that we should pay for the damage that we're doing out there in the environment. and you know if we can just have that two-second thought of saying okay, i've got a bag that i can reuse and that's great. >> every year more than 1 million plastic bags are pulled from the bay area water ways according to the environmental group save the day. gay right activists are

expected to protest the insulation of the new archbishop this week. he'll take over the position this thursday. he was a key force behind prop 8 that banned gay marriage throughout the state. but the parishioners say that he will be welcomed at most holy redeemer catholic church in the district here. >> hope any, you know, by attending services here that he will see how important this church is. there are a lot of elements which will hold that position and a place like this, you know, they will challenge that on their own level. >> last month the bishop was arrested in san diego in charge with the drunk driving. and he later apologized. in a war in afghanistan, five people are dead including two americans after a fire fight broke out in the eastern part of the country. one of those killed was an american soldier. that brings the total of american service men and women killed in afghanistan to 2,000.

drew lenison has the details -- levinson has the details. >> reporter: 2,000 american soldiers killed since the war began nearly 11 years ago. it happened at the check points of the eastern part of the country. now, one u.s. soldier and the american contractor and three afghan soldiers were killed in the fire fight. >> the circumstances were somewhat confused. there was a report of the insurgents taking place here in the incident, which we believe that it may have been a factor. floor they did not say whether or not that was another in the series of the insider attacks. where the afghan security forces, they turned on the coalition troops. and the so-called green on blue attacks, they have left at least 52 international forces dead this year. the u.s. commander in afghanistan, they told 60 minutes that he is angry some afghan troops have turned on the americans who trained them. >> well, you know, i'm very mad at them to be honest with you. we are willing to sacrifice a lot for this campaign. we are not willing to be

murdered for it. >> reporter: the attacks also frustrate the afghan president. >> it's something that we have discussed in details. something that i pay a responsibility for to correct. >> they say that these incidents are a serious threat to afghanistan. drew levinson, cbs news. five weeks before the election and many voters still don't know who they want for president. we'll hear from the undecided voters on why they are holding out. and walking for a cause. making a point by the grass root groups. making their own campaign against breast cancer. they were walking into the warm temperatures. in fact, we have the record heat for you here in the bay area and monday will be even hotter for you. we'll pinpoint those locations as eyewitness news continues on the cw. dan hurd: when i was a child, california was a leader in education funding.

erika derry: and the fact that california isn't making it a priority frustrates me. dan hurd: i'm ashamed of that, and i don't want this to continue for my daughter. brenda kealing: prop 38 is going to bring a lot of money to our schools. suzan solomon: the money stays at the school site. cade derry: what i would really like to see is that the teachers... that were laid off come back to the school. navaz hurd: a smaller class size. navaz hurd: as a mom i want that. as a teacher i want that. prop 38 is an opportunity of a generation.

denver on wednesday. both president obama and republican candidate mitt ry spent the weekend preparingo go head-to-head. romney used senator rob portman of ohioo act as his opponent. john kerry played the role of roy for the president. supporters of each candidaty both men are ready. 00:10 "i think both of theme excellent in their own way.i think you could argue that t has had a lot more experien" :17 butt to: :00:46 "the president has a day job, the president's been president d has not had the time to practice, all we hear abouts that mitt romeny's been practicing, practicing practicing wherever he goes7 today, president obama headd headed to las vegas while mitt i think that you could argue that mitt has had a lot more recent experience. >> the president has a day job, he has been the president and he does not have a lot to practice.

all we hear about is how much mitt romney is practicing, practicing wherever he goes. >> today, president obama headed to las vegas for a campaign event, while mitt romney attended church in massachusetts. one of the most highly contested states is nevada, where unemployment is 12.5%, the highest in the nation. their presidential race there is extremely close. both candidates according to the state's 3% undecided voters. bill whittaker talked to two of them. >> reporter: are you better off now than you were four years ago? >> no. >> reporter: single mom and nevada native admits that she sounds like a grim statistic from her economically disstressed state. >> house in foreclosure, no job? >> i'm the 47% on foot stamps. and medicaid, so you know, i'm one of those people. >> reporter: four years ago she was swept up by the tide of enthusiasm around candidate barack obama.

>> i was an obama mama and i was proud to claim that. >> reporter: not so much now? >> not so much. i'm not as enthused. >> do you think that romney could be that change? >> it could be a change, i just don't know if it would be for the better. >> and i would say no, i'm not better off right now than before. >> reporter: single dad omar lopez came to the u.s. from columbia 13 years ago. now a u.s. citizen, he owns a real estate business in las vegas. surviving one of the most depressed housing markets in the country. he supported president obama four years ago. >> we have to downsize. >> reporter: he too has grown disillusioned. >> one of governor romney's strong suits to you is the business side of you and he knows how to make money and our country needs to start making money. >> reporter: still, mitt romney has yet to win this businessman over. lopez wants specifics, which tax loopholes romney close? what will he do about immigration? >> you're holding out making a

decision? >> yes, i'm still holding out, yes. >> reporter: that's why president obama was back in nevada today. both candidates are battling hard for this battleground state. >> romney for president? >> reporter: carpet bombing the air waves with the politicalads. >> my plan will create 12 million new jobs over the next four years. >> it is not just generating more jobs, you know, i'm going to create 1 more million jobs, tell me how, where. >> today it would be obama. tomorrow it could be romney. i can'ts promise anything. >> reporter: they both hope that the debates will help them finally make up their minds. bill whittaker, cbs news, las vegas. 50,000 techis are invading san francisco today. they started today at the center. it is one of the world's biggest check conferences, attending the latest technology view that he will have to

offer. >> the reason on what their plans are, the products they use. if you don't know what the plans are, then you cannot adopt them in a family fashion. you cannot stay on the old stuff. >> reporter: they made softwares for their processes from everything like the credit cards and the atm transactions to the hotel reservations. oracle world runs through thursday. people visiting, of course, they are wondering about this heat that we have. roberta gonzales is here with a look at our forecast. roberta? >> reporter: and yes, to see the full moon tonight, it's a big giant to give us this moon, called the harvest moon. and one month from now when we need to see our next full moon, that even has the title called the hunters mode. it is just glorious out this because we have the cheer skies today. we have temperatures, anywhere from 68 degrees from half moon bay to 84 degrees in san francisco. a record high of 100 degrees in livermore and fairfield. 90 in san jose.

bottoming out into the 50s for the most part into the lower 60s. we are seeing the cool down with the longer nights. now meanwhile clear skies and the overnight hours for you tomorrow. we're going to see a slightly hotter day. and i do say hotter when you need to put the emphasis on hot, especially in the inland areas. tomorrow the heat wave will peek and we'll see the cooler temperatures by the enof the week. now, how about some records? really no chance of that in santa rosa or san francisco. livermore and oakland took a stab at it. otherwise san jose got a far way to go if you want to break a record there. we were under that influence of the high pressure for you. it's a huge dome. creating an off-shore flow effect. that's where you're going to get the dry winds out of the north and the east. so they will transfer us from the inland areas to the coast, dry out the air mass, humidity goes down. fire danger goes up, and so did the temperatures. now, 60s tomorrow at half moon bay and we'll climb through the 70s. we'll go all the way up to 80 degrees here in pacifica. 80s and 90s around the

peninsula. and then we'll jump into the low to mid-90s across the santa clara valleys. we'll begin to flirt with triple digits in morgan hill. that's where we'll see the hottest temperatures for you all the way from 103 in brentwood, tracy, all the way into discovery bay. 101 in livermore and even hotter than that in pleasanton and danville. then as we head a little further north, 95 in napa. even hotter than that in sonoma. we'll see mill valley into the mid-80s. san francisco's average high at this time of the year is 70, but instead we're forecasting 85 degrees. low 80 in daly city. now tomorrow will be yet another spare of the air day. and that is particularly for the east bay and the santa clara valley where that air is getting trapped very close to the surface with a lack of winds to blow it out. a slow cool down on tuesday. thursday you'll see the marine

air and the ridge of high pressure begin to collapse. seasonal temperatures return to the bay area with the fog and the low clouds and the blue angels on thursday through the weekend. so that will be a big forecast that we had to be very mindful of with that lowering feeling and they will begin to practice on thursday afternoon for you. >> we'll listen for that. hopefully you could see them and put on that show. >> a great week. >> thank you much. well, a small grass the radios breast cancer walk in san francisco this weekend. they set up a powerful message. 30 people walked today on the second day of the immediate impact breast cancer walk. the idea began in march as a response to the controversy over the national group of the susan b. komen to the cure, which was for planned parenthood. the activist decided to raise money for the local groups instead. >> and i think that they have lots of people to answer to. and we just decided that it was something we wanted to direct our attention locally to instead of getting confused on

the big national political conversations. >> and so far the group has raised about $93,000 and they are confident that it will reach a goal of $100,000 by the time that the three-day walk ends tomorrow. lindsay lohan says she was assaulted at a hotel. why the charges against the man who did it were suddenly dropped. and you could call it a great example of the chill must go on. justin bieber throws up on stage lights and ends the show.

"hotel transylvania" "hotel transylvania" checked in wih one of the strongest opening weekends ever for a movie dt in september. the animated comedy about a hotel for monsters took in 3 million dollars. also posting a strong opening wae number- two film, the time- travel thriller, "looper," starring bruce willis. "endf watch," "trouble with the curve," and 'house at the ef

the street" rounded out thep five. lindsay lohan says she was assaulted at a hotel in newk city. the actress claims she was choked and thrown to the grd by a lindsay lohan claimed that she was choked and throwned to the ground by a man she met at a nightclub. the art was over a photo on his cell phone. he was arrested and charged with misdemeanor assault, but late this afternoon, police said that the accusations could not be substantiated, so the charges were dropped. the latest person to fall for bieber fever is bieber himself. the tour got off to a bad start in arizona last night. he vomited on stage two different times. we're not going to show you the turning, but it is all over the internet. and he finished the show and back on stage tonight. bieber believes that the milk

he drank before the show made him sick. the giants have already had their celebrations. i'm dennis o'donnell, but it is time for the a's to put that champagne on ice. and we'll show you why next.

europeans won eight of the 2 matches today to win the cup start the clock... closer to the they won eight out of the 12 matches today to take the cup and retain it. start the clock, please. he is looking to get closer to the post season verses seattle in the bottom of the 8th, tied at two, no more. and that will put them up 3-2.

the magic number to clinch the playoff spot will be down to one. the champagne is on ice. giants are at san diego. the top nine. and you can see the two-run shot, which came after them tying the home run. the giants went 7-5. the 49ers are visiting the jets. and he ends the 7-yard touchdown, putting them up 7-0. first play in the fourth, leading them 17-0. santonio holmes caught the ball, but injured his knee. carlos rogers picked up the ball scoring for the 49ers. they roll 34-0. wow! >> the raiders could not build up after last week's win in denver. third quarter denver leading 10- 6. peyton manning to eric decker and they would outscore them 27-0 in the second half and they win 37-6. a complete recap tonight on game day. >> it will be fun in oakland for the next few days. >> yes, it certainly will be. >> for sure. the next three days are huge. >> that's it for us.

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